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As of November 2, 2011, the USCIS received 50,800 cap subject cases and 20,000 advanced degree cases |
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Written by WSM
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November 07, 2011 |
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The government ‘s current annual H-1B quota is 65,000 for new H-1B visas (commonly known as “Fiscal Year, or FY H-1B’s”). The USCIS has set aside an additional 20,000 FY H-1B visas for holders of U.S. advanced degrees. In a robust economy, employers often find there are not enough FY H-1B visas to meet their hiring needs. The government’s fiscal year starts on October 1, 2011. Employers may file H-1B petitions up to 6 months in advance of the requested start date under the H-1B visa. As a result, when H-1B visas are in high demand, many employers file on April 1 in an effort to secure one of the limited H-1B visas. So far this year, many H-1B visas remain available. “Cap Gap” relief is available for recent graduates who work under F-1 optional practical training work authorization (OPT) cards which expire before October 1 of any given year: They may remain on payroll while their H-1B petitions are pending , provided that the H-1B petition is filed while the student is within the period of OPT, the employer requests an October 1 start date under the petition, and the student has not violated her status. Employers who use E-Verify may obtain an additional 17 months of work authorization for STEM graduates, for a total of 29 months of post degree work authorization. USCIS provides periodic updates of FY H-1B counts. |
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Time to Finalize Offers and File H-1B Visa Petitions |
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Written by WSM
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October 27, 2011 |
The USCIS announced today that it has exhausted the 20,000 set aside of H-1B numbers for US advanced degree (masters and PhD) holders. The standard H-1B visa quota of 65,000 has not yet been reached, with the USCIS reporting 46,200 petitions received. Last year, the advanced degree set aside was reached on December 22, 2010 with 9,200 regular H-1Bs remaining. The regular H-1B cap was reached on January 26, 2011.
There is still time to file regular H-1B petitions for this fiscal year, but employers should not wait much longer. WSM anticipates that the H-1B cap may be reached as early as January 2012. Employers should take inventory of H-1B needs and initiate the H-1B visa petition process as soon as possible. |
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WSM Advocates for Business Immigration — October 11 Press Release |
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Written by WSM
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October 13, 2011 |
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On behalf of our clients and all employers, WSM has been working with high-level groups connected to the Obama administration to advocate for a more supportive environment for entrepreneurs, startups, small businesses, and businesses in general. Our efforts with a working group advising the U.S. Small Business Administration, as well as with the President’s Startup America initiative, are starting to pay off. We are encouraged by the press release issued October 11 by the USCIS announcing an initiative called “Entrepreneurs in Residence.” USCIS Director Alejandro Mayorkas said the new initiative will utilize industry expertise, including from the private sector, to strengthen USCIS policies and practices surrounding immigrant entrepreneurs, investors, and workers with specialized skills, knowledge, or abilities. He said the initiative will launch with a series of information summits with industry leaders to gather their strategic input. Although we are heartened to see the government acknowledging the urgent needs of small businesses and others wishing to employ foreign talent, we await real results at the immigration adjudications level so that these employers are not hindered in their efforts to reach their fullest potential but are, instead, better able to contribute to U.S. economic growth. Talk is just talk. We need to see a difference in the way the USCIS analyzes its cases and makes its decisions about work visas. |
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Written by WSM
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October 07, 2011 |
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The November Visa Bulletin shows significant movement in the EB 2 preference category, with both India and China making great strides, while EB3 preference makes little progress. EB1 - all still current EB2 All others - still current
China –advances 3 ½ months to November 1, 2007
India – advances 3 ½ months to November 1, 2007
Mexico – still current
Philippines – still current EB3
All others –advances 3 weeks to December 22, 2005
China –advances 2 weeks to August 22, 2004
India – advances 7 days to July 22, 2002
Mexico – advances 2 weeks to December 22, 2005
Philippines –advances 2 weeks to December 22, 2005 |
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USCIS to Mail Form I-797 Approvals Directly to Petitioners, Not Attorneys |
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Written by WSM
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October 04, 2011 |
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The USCIS has changed its previous policy of mailing original Form I-797 receipt and approval notices to attorneys. Without advance notice, the USCIS on September 12, 2011 began mailing the Form I-797 for all types of applications and petitions including H-1Bs, I-140s, and I-485s directly to the applicant’s or petitioning company’s address, even when a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, is included. Later that month the USCIS issued a memorandum to stakeholders advising of the change and indicating that it had considered a temporary suspension of the new policy, most likely in response to criticism that stakeholders were given no advance notice. The memo stated, however, that a temporary suspension would be impractical “due to the estimated four-to-six-week delay associated with the required systems adjustments.” The USCIS instituted this change in policy to ensure that employers and applicants would receive original notices.
Petitioners may choose to provide the attorney’s address in lieu of their business location on the USCIS forms, though the USCIS memo advises that this could cause a delay in processing. The memo also suggests that if an attorney address is used, the petitioner should include a cover letter that clearly indicates the address of the business so that a manual check in the Validation Instrument for Business Enterprises (VIBE) system can be conducted to confirm a company’s location. Petitions filed through Premium Processing may provide an alternate address for mailing original approval notices if a pre-paid, self-addressed mailer is included. If you have questions about this new USCIS policy, please contact WSM. |
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